Accountable Person Building Safety Act – Duties, Liabilities, and Risks

The Building Safety Act 2022 is one of the most significant reforms in UK building regulation for decades. Introduced in response to the Grenfell Tower tragedy, it seeks to ensure greater accountability for fire and structural safety across the lifecycle of residential buildings—particularly those classed as “higher-risk buildings”. At the heart of the new Building Safety Act regime is the concept of the Accountable Person (AP). This role carries extensive legal duties, financial liabilities, and operational responsibilities.

Those involved in owning, managing, or maintaining residential buildings must understand the meaning, scope, and consequences of becoming an Accountable Person under the legislation.

This article explores in detail what it means to be an Accountable Person under the Building Safety Act, outlines the main duties and obligations, and highlights the legal and operational risks that can arise from non-compliance.

What Is an Accountable Person under the Building Safety Act?

Under Section 72 of the Building Safety Act 2022, an Accountable Person is:

A person who holds a legal estate in possession in any part of the common parts of a higher-risk building, or

A person who does not hold a legal estate, but is under a relevant repairing obligation in relation to any part of the common parts.

Common parts include the structure, exterior, and any area provided for the use or benefit of more than one residential unit. A Principal Accountable Person (PAP) is then identified from among the APs as the individual or entity with the most significant legal interest in the building's structure or who bears the principal repairing obligation.

If there's only one AP, they automatically become the PAP. Where multiple APs exist, a tribunal may determine who the PAP is.

Duties of Accountable Persons

The Building Safety Act places a range of statutory duties on Accountable Persons in respect of occupied higher-risk buildings, typically defined as residential buildings at least 18 metres high or with seven or more storeys and two or more residential units.

1. Assessment of Building Safety Risks (Section 83)

Accountable Persons must assess building safety risks for the parts of the building they are responsible for. This includes:

Carrying out a risk assessment as soon as reasonably practicable.

Re-assessing at regular intervals, whenever existing assessments may no longer be valid, or if directed by the Regulator.

Ensuring that assessments are “suitable and sufficient” to meet their legal obligations.

2. Managing Building Safety Risks (Section 84)

Following assessment, APs must take all reasonable steps to:

Prevent building safety risks (e.g. fire spread or structural failure).

Reduce the severity of incidents if risks materialise.

3. Safety Case Report (Section 85)

Each Accountable Person must prepare, keep up to date, and provide to the Building Safety Regulator a Safety Case Report. This document sets out how building safety risks are being identified and managed.

It must demonstrate:

That risks have been properly assessed.

That proportionate controls are in place.

That evidence supports the measures taken.

4. Information and Record Keeping (Sections 87–90)

An Accountable Person must:

Provide key building safety information to the Regulator, residents, and other Accountable Persons.

Keep and update records.

Notify the Regulator of major changes, such as changes to AP status or safety arrangements.

5. Resident Engagement Strategy (Section 91)

Every occupied higher-risk building must have a Resident Engagement Strategy. This strategy sets out:

How residents will be involved in safety-related decisions.

How they can raise concerns or complaints.

How APs will respond to feedback and improve transparency.

6. Access to Premises (Section 97)

Accountable Persons may request access to residential units if necessary for assessing or managing building safety. If access is denied, they may apply to the County Court for an order enforcing entry.

Liabilities of Accountable Persons

The role carries significant legal, financial, and reputational liabilities, including:

1. Criminal Offences

Failure to comply with duties may constitute a criminal offence. Offences include:

Breaching compliance notices issued by the Regulator.

Failing to carry out assessments or provide required documentation.

Permitting occupation without a completion certificate.

Penalties may include:

Fines.

Imprisonment (up to two years on indictment).

2. Enforcement Powers of the Regulator (Sections 98–101)

The Building Safety Regulator is empowered to:

Issue compliance notices requiring action within a set timeframe.

Classify notices as urgent action notices where there’s imminent danger.

Prosecute for non-compliance.

Levy daily fines for ongoing breaches.

3. Civil Liabilities

APs may also face civil action:

If damage, loss, or injury results from failure to fulfil their obligations.

Through recovery orders where the Special Measures Manager incurs liability.

4. Financial Responsibility for Safety Works

If residents or owners breach their duties (e.g. tampering with safety systems), the AP may recover costs for repairs. But conversely, APs are responsible for maintaining safe conditions and may be liable for building safety charges under lease agreements.

Special Measures and Replacement of Accountable Persons

Where an AP fails persistently or seriously, the Regulator may appoint a Special Measures Manager. This individual or entity takes over safety management functions from the Accountable Person.

Consequences include:

Loss of control over building operations.

Costs incurred by the manager may be recovered from the AP.

Existing contracts and legal proceedings may transfer to the manager.

This represents a major operational and reputational risk.

Coordinating with Others

Where multiple APs exist (e.g. in mixed-use or leasehold structures), the Act requires:

Cooperation and coordination between APs (Section 109).

Collaboration with Responsible Persons under the Fire Safety Order 2005.

Lack of cooperation can result in enforcement action or ineffective safety outcomes.

Key Takeaways

The Accountable Person is a legal role under the Building Safety Act 2022, applying to those with legal or repairing responsibilities for common parts of higher-risk buildings.

Core duties include risk assessment, risk management, engagement with residents, and the preparation of a safety case report.

Failure to comply can lead to criminal charges, daily fines, enforcement action, or the replacement of the AP by a Special Measures Manager.

APs must coordinate with other stakeholders, including residents, owners, Responsible Persons, and the Building Safety Regulator.

The role demands proactive management, good record-keeping, transparent communication, and continual compliance.

By understanding and embracing these responsibilities, Accountable Persons play a crucial role in delivering the Act’s mission: ensuring buildings are safe for those who live and work in them.

Contact - Accountable Person under the Buidling Safety Act

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For more information on all aspects of Fire & Building Safety, see the collection of articles in our blog.

For more information on the role and responsibilities of an Accountable Person or for help fullfilling your obligations please call our Enquiry line on 020 4534 3130.

To book a call back from a member of our Building Safety team, please fill in our Contact Us form.

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